FA855226RB001 Amend 04 RFP Attachment 24 Use and Nondisclosure Agreement.pdf

11 September 2026

Use and Nondisclosure Agreement

The undersigned, an authorized representative and designated Data Custodian of the organization identified above (hereinafter referred to as the “Recipient”), requests the United States Government to provide access to export-controlled Technical Orders (TOs) and associated technical data (hereinafter referred to as “Data”) for the purpose of preparing a proposal in response to

Solicitation FA855226RB001.

In consideration of receiving such Data, the Recipient agrees to comply with the following:

1. Purpose and Authorized Use:

• The Data is provided strictly and solely for the purpose of preparing and submitting a proposal in response to Solicitation FA855226RB001.

• Any other use, reproduction, modification, reverse engineering, or disclosure for any commercial, non-governmental, or unauthorized purpose is strictly prohibited.

2. Export Control Compliance & Authority:

• The Recipient acknowledges that the Data contains technical data whose export and dissemination are restricted by the Arms Export Control Act (22 U.S.C. § 2751 et seq.)

and the Export Control Reform Act of 2018 (50 U.S.C. § 4801 et seq.), as implemented through the International Traffic in Arms Regulations (ITAR, 22 CFR Parts 120–130) and

Export Administration Regulations (EAR, 15 CFR Parts 730–774).

• In accordance with DAFI 61-104 and DoDD 5230.25, release is made only to qualified

U.S. contractors with an active DD Form 2345 and transmitted strictly to the designated

Document Custodian.

• Receipt of this data is subject to the Notice to Accompany the Dissemination of Export-

Controlled Technical Data (DoDD 5230.25, Enclosure 5).

3. Dissemination to Subcontractors / Teaming Partners:

• The Recipient may not disseminate the Data marked with Distribution Statement C or D to any third party, prospective subcontractor, or supplier, unless that entity:

1. Is a qualified U.S. contractor possessing a valid, verified DD Form 2345 under the Joint Certification Program; and

2. Executes a written Use and Non-Disclosure Agreement containing terms substantially identical to this Agreement.

• The Recipient shall maintain records of all downstream disclosures and provide verification to the Contracting Officer upon request.

4. Security, Transmission, and Custody:

• The Recipient agrees to adopt and enforce physical and electronic cybersecurity measures to prevent unauthorized access or disclosure.

11 September 2026

• Transmission from the Government shall be conducted exclusively via DoD

SAFE directly to the verified Custodian email address listed in Part I.

5. Destruction & Disposal:

• The Recipient agrees to securely destroy/purge all Data, derivatives, working papers, and copies (both physical and electronic) no later than fifteen (15) days after:

1. Written notification of contract award under Solicitation FA855226RB001; or

2. Recipient’s formal withdrawal or elimination from the competition; or

3. Written demand by the Procuring Contracting Officer (PCO), whichever occurs first.

• The Recipient shall submit a signed Certificate of Data Destruction to the PCO within five (5) business days following destruction.

6. "As-Is" Disclaimer & Indemnification:

• The Data is provided "AS IS" without warranty of any kind regarding accuracy or completeness for proposal preparation.

• The Recipient agrees to indemnify and hold harmless the U.S. Government, its officers, agents, and employees against any claim, liability, or damage arising from the unauthorized release, misuse, or export violation by the Recipient or its prospective subcontractors.

I certify that I am the authorized representative / designated Document Custodian on the attached DD

Form 2345, that the information provided is true and accurate, and that the Recipient agrees to strictly abide by all terms of this Agreement.

Authorized Signature __________________________________________________

Printed Name & Title __________________________________________________

Company Legal Name __________________________________________________

Execution Date __________________________________________________